AN 


h  r" 


FROM  THE 


REPORT  OF  THE  DIRECTORS 


. 


'•  v  ^v.-v  .•  ' 

:■ 

. 

? 

■  •/’  *  •'  -V:(  ■  ' 

Ififfssg 

\ 


OF 


MASSACHUSETTS  STATE  PRISON, 

MADE 

TO  HIS  EXCELLENCY  THE  GOVERNOR 

AND  THE  HONOURABLE  COUNCIL. 


OCTOBER  18,  1827. 


REVIEWING  CERTAIN  PARTS  OF 


®fjt  Second  Annual  iU$crt 


OF  THE 


PRISON  DISCIPLINE  SOCIETY. 


To  which  is  added,  the 

REPORT  OF  THE  PHYS^IAN 

•sj 

OF  MASSACHUSETTS  STATE  PRISON. 

_  f  .. 

PUBLISHED  BY  ORDER  OF  TlI&filRECTORS- 


1 


-  $5 

;  '  r-  ' 

& 

iiostoul* 

DUTTON  AND  WENT W ORTH.. ..PRINTERS. 


1827. 


PREFATORY  NOTE. 


The  Directors  of  the  Massachusetts  State  Prison  in  giving1  publicity  to  a  certain 
portion  of  a  Report,  recently  made  by  them  to  the  Executive  of  the  Commonwealth, 

before  his  Excellency  has  communicated  that  Report  to  the  Legislature,  are  influ- 

•  . 

enced  only  by  a  sense  of  duty  towards  the  public. 

Director t  room,  Mass.  State  Prison,  Nov.  9,  1827. 


EXTRACT. 


o2 

o 
*  » 

* 

—A 

-or 

d 

h-d 

-H 


** 


^65 

msi& 


In  connexion  with  this  our  customary  Annual  Report,  the 
Directors  feel  it  a  duty  to  notice  some  statements  which 
have  been  made  in  regard  to  this  Institution,  in  a  publica¬ 
tion  extensively  circulated,  and  entitled  “  Second  Annual 
Report  of  the  Board  of  Managers  of  the  Prison  Discipline 

5  J 

If  this  Board  were  to  remain  silent  in  regard  to  this 
publication,  the  natural  inference  would  be,  that  every 
representation  it  contained  was  assented  to ;  and  this  con¬ 
clusion  would  be  the  more  strongly  taken,  as  it  is  well 
known  that  the  Report  alluded  to  was  published,  in  some 
degree,  under  the  patronage  of  the  Legislature.  It  has 
not  been  the  intention  of  this  Board,  to  take  official  notice 
of  unofficial  publications,  but  the  character  and  complex¬ 
ion  of  the  appeal  made  to  the  public  by  this  Report,  and 
the  countenance  it  has  received  from  the  Legislature  en¬ 
title  it  to  our  attention. 

This  Report  emanates  from  an  association  of  gentlemen, 
who  are  unquestionably  actuated  by  virtuous  and  philan¬ 
thropic  motives,  and  contains  much  that  is  useful  and 
instructive.  We  regret,  however,  that  the  tone  and  style 
of  some  parts  of  it,  have  a  tendency  to  produce  a  feverish 
and  erroneous  state  of  public  opinion  in  regard  to  this 
Institution. 

If  the  representations  and  delineations  it  contains,  pre¬ 
sented  a  true  picture  of  the  state,  discipline,  and  manage¬ 
ment  of  this  Institution,  ourselves,  the  Warden,  and  every 
officer  connected  with  the  prison,  would  have  reason  to 
blush.  But  we  humbly  conceive  that  the  zeal  of  the  gen- 


burton  hist,  col 

‘DETROIT 

EXCHANGE  DU  PI  VC 


i  r  o' 


4  - 


tleman,  who  has  drawn  up  this  Report  for  the  society,  has 
transported  him  beyond  the  bounds  of  sedate  investigation. 

Duly  appreciating,  however,  his  motives  and  labors,  we 
proceed  to  take  notice  of  some  of  the  prominent  parts  of 
his  production,  which  we  think  have  a  tendency  unne¬ 
cessarily  to  disturb  the  public  mind  in  regard  to  this 

establishment. 

* 

At  page  1 1  of  the  Report,  it  is  said,  that  “  In  in  the  Massa¬ 
chusetts  Prison ,  a  keeper  teas  detected  three  times  in  succession 
by  Mr.  Soley ,  one  of  the  Directors ,  in  furnishing  bills  to  be 
altered ,  and  materials  to  alter  them  to  a  convict.  A  warrant 
ivas  issued  for  him ,  but  he  made  his  escape.  Another  keeper 
ivas  discharged  soon  after ,  on  suspicion  of  improper  conduct , 
and  in  a  communication  made  by  the  Directors  to  the  Governor 
in  the  autumn  of  1825,  and  by  him  submitted  to  the  Legisla¬ 
ture ,  several  other  cases  are  mentioned  of  malepractice  by  con¬ 
tractors  and  assistant  keepers  A 

The  statement  that  an  officer  was  three  times  detected 
in  malepractice  before  measures  were  taken  to  arrest  his 
career,  implies  that  the  two  first  transgressions' were  either 
forgiven  or  overlooked,  but  such  was  not  the  fact.  The 
conduct  of  Osgood,  the  officer  alluded  to,  had  excited 
suspicions  in  one  of  the  members  of  this  Board,  and  he 
was  desirous  of  having  indubitable  proof  of  his  guilt,  be¬ 
fore  a  formal  accusation  should  be  made. 

The  three  instances  mentioned  in  the  Report  were  only 
parts  of  one  process  of  detection,  and  ought  so  to  be  un¬ 
derstood  by  the  public.  The  report  of  Mr.  Soley,  made  at 
the  time,  will  give  the  true  complexion  to  the  transaction, 
and  in  connexion  with  the  Report  of  the  whole  Board  of 
1825,  bring  again  to  your  Excellency’s  mind,  the  degree 
of  care  and  vigilance  used  on  the  occasion  referred  to. 

Indeed  such  was  our  attention,  that  days  were  spent  in 
anxious  enquiry,  and  every  officer  of  the  prison,  from  the 
keeper  downward,  underwent  a  separate  and  as  strict  an 


examination  as  usually  takes  place  in  our  courts  of  justice, 
and,  in  conclusion,  another  officer  was  discharged  on  the 
ground  of  his  being  too  frequently  absent  from  his  duty. 

The  Report  of  the  Directors  of  1825  mentioned  in  the 
passage  quoted,  will  explain  the  instances  of  misconduct 
alluded  to  in  the  Prison  Discipline  Report.  From  this  it 
will  appear  that  the  “  several  other  cases  of  malepractice ” 
alluded  to  in  that  publication,  occurred  in  the  course  of 
the  seven  preceding  years. 

The  State  Prison  at  Auburn,  which  is  said  to  be  the  best 
constructed,  and  by  ,some  thought  to  be  the  best  con¬ 
ducted  prison  in  America,  has  not  been  exempt,  during 
the  short  time  of  its  operation,  from  instances  of  a  similar 
description,  as  appears  by  the  Report  itself  at  page  12,  in 
these  words,  “  Even  in  the  prison  at  Auburn ,  which  is  in 
many  respects  so  worthy  of  commendation ,  the  commissioners 
mention  in  a  late  Report  to  the  Legislature ,  that  one  Terrence 
Heeney ,  who  was  never  fit  for  the  trust  of  a  guard ,  was  three 
times  appointed  to  that  place ,  and  three  times  removed  for  mis¬ 
conduct  ,”  they  also  say ,  “  that  several  other  cases  have  been 
proved  of  the  appointment  of  incompetent  or  unfit  men ,  but  in 
general  they  were  removed  so  soon  as  their  unfitness  became 
known.” 

The  Directors  of  this  Institution  can  with  truth,  make 
use  of  stronger  language  than  this ;  they  can  say,  that 
every  incompetent  and  unfit  officer  has  been  removed 
as  soon  as  his  unfitness  became  known. 

We  now  notice  the  statement  of  recommitments  at  page 
15  of  the  Report,  and  the  following  passage  at  page  100, 
viz.  “  The  recommitments  have  corresponded  with  what  might 
be  expected  from  such  a  school  of  vice. — In  1S17  out  of  three 
hundred  convicts  then  in  prison ,  ninety  were  for  a  second ,  third , 

or  fourth  time;  and  in  1827  the  proportion  ivas  about  the 
same.” 

The  passage  referred  to,  naturally  suggest  the  opinion 
that  this  Institution,  so  far  from  operating  to  restrain 


9 


6 

crime,  has  a  direct  and  powerful  influence  in  multiplying 
villains  and  villany.  “In  1817  out  of  three  hundred  convicts 
then  in  prison,  ninety  were  for  a  second ,  third ,  or  fourth  timed  ’ 
The  stress  put  upon  the  circumstance  to  say  the  least  of  it, 
rests  in  a  fallacy. 

To  estimate  correctly  the  effect  of  punishment  and  dis¬ 
cipline  in  this  Institution,  we  must  ascertain  the  whole 
number  of  individuals  who  have  been  subjects  of  correc¬ 
tion  since  it  first  went  into  operation  in  the  year  1805, — 
and  then  ascertain  how  many  out  of  that  number  have 
returned. 

The  whole  number  we  find  amounts  to  1753,  out  of 
which  1436,  have  never  returned  a  second  time  ; — 317  out 
of  the  whole  number  have  been  subjects  of  a  second,  third, 
and  fourth  commitment.  And  now  out  of  the  1753,  who 
are,  and  have  been  here,  only  ninety  are  found  who  have 
been  previously  at  the  penitentiary,  and  a  large  proportion 
of  these  will  be  found  to  be  old  and  incorrigible  offenders. 

It  is  obvious  that  the  older  an  Institution  of  this  kind  is, 
the  greater  will  be  the  number  of  returned  convicts  in 
proportion  to  the  number  actually  within  the  walls  at  any 
given  time.  It  is  fallacious,  therefore,  to  found  an  infer¬ 
ence  on  such  a  view  as  the  Report  presents. 

Rightly  to  test  the  efficacy  of  prison  discipline,  we  re¬ 
peat,  we  must  compare  the  number  of  returned  convicts 
with  the  whole  number  of  individuals  who  have  been  in¬ 
carcerated,  and,  on  this  view  of  the  subject  we  submit  to 
your  Excellency,  whether  this  Institution  deserves  to  be 
stigmatized  as  “  a  school  of  viced 9 

But  if  this  Institution  be  “  a  school  of  vice,”  we  might 
expect  to  see  the  numbers  of  our  prisoners  annually  aug¬ 
menting.  On  examination,  however,  we  find  no  such  aug¬ 
mentation.  The  annual  returns  from  1817  to  1826  inclu¬ 
sive,  a  period  of  ten  years,  give  3125,  averaging  310  per 
year,  nor  have  the  actual  returns,  with  one  or  two  excep¬ 
tions,  differed  much  from  this  number.  At  the  present 


7 


time,  however,  there  are  but  285  prisoners  in  confinement, 
a  number  much  below  the  average. 

Including  the  return  of  this  year  and  that  of  1820,  when 
Maine  was  separated  from  Massachusetts,  a  period  of  eight 
years,  we  find  the  whole  number  of  prisoners  2389, — an¬ 
nual  average  298  since  the  separation,  but  this  year  we  have 
on  hand  but  285.  From  this  it  would  appear  that  offences 
diminished,  while  population  increased  ; — and  that  if  this 
Institution  be  “  a  school  of  vice,”  it  has  not  multiplied  the 
number  of  criminals  in  the  community. 

The  next  statement  in  the  Report  requiring  explanation, 
is  at  page  13,  and  regards  the  pay  of  one  of  the  assistant 
keepers,  and  is  as  follows,  “  In  the  Massachusetts  Prison ,  the 
total  expense  to  the  state  of  supporting  the  prison  nine  years  from 
1814  to  1824  was  $78,328  44.  The  average  number  of  convicts 
was  303.  During  the  last  three  years ,  the  total  income  after  de¬ 
fraying  every  expense,  has  exceeded  $20,000.  And  even  during 
the  latter  period,  it  was  ascertained  by  a  Committee  of  the  Legis¬ 
lature,  and  so  published  in  their  Report,  that  one  of  the  assistant 
keepers,  ivhose  nominal  salary  is  $354,  received  in  addition,  in  one 
year,  the  sum  0^*  $3002  25 from  the  prison,  a  yearly  income  greater 
than  that  of  any  officer  in  the  Commonwealth .  The  Report  con¬ 
taining  this  extraordinary  fact,  is  signed  by  Thomas  I.  Goodwin, 
Chairman  of  the  Committee .” 

The  keeper  alluded  to  is  the  Overseer  of  the  stone 
department,  from  whence  the  great  profits  aforesaid,  have 
been  derived.  Formerly  this  Institution  was  very  expen¬ 
sive  to  the  Commonwealth,  and  honest  and  industrious 
free  citizens  without,  were  taxed  in  order  to  restrain 
rogues  and  desperados  within  the  walls  of  the  prison.  But 
the  successful  operations  of  the  stone  department,  super¬ 
intended  by  the  assistant  keeper  alluded  to,  have  produced 
an  advantageous  change  in  the  fiscal  affairs  of  the  Institu¬ 
tion. 

This  Board  have  not  been  unmindful  of  the  great  ad¬ 
vantages  which  from  this  source  have  resulted  to  the  Com- 


8 


monwealth,  and  have  made  use  of  all  the  means  in  their 
power  to  render  this  department  still  more  productive. 
And  perfectly  aware  that  the  superintendant  of  the  stone 
department  is  master  of  his  business  in  all  its  branches, 
able  to  plan  and  to  execute  the  work  for  the  most  extensive 
stone  edifices,  so  that  every  stone  wrought  in  the  prison 
yard,  will  accurately  adjust  itself  to  its  place  in  the  build¬ 
ing  for  which  it  was  designed  ;  this  Board  have  long  been  * 
satisfied  that  such  an  artizan  could  not  be  obtained  at  the 
low  price  of  an  assistant  keeper. 

The  question  then  presented  itself  as  to  the  degree  and 
mode  of  compensation,  which-  should  seem  best  adapted 
to  promote  the  interests  of  this  Institution  ; — -and  the  Di¬ 
rectors  being  at  all  times  unanimous  in  opinion,  that  it 
was  competent  for  them  to  compensate  this  officer,  or  any 
other  whose  services  would  admit  of  it,  by  commissions ; 
applied  this  principle  of  compensation  to  the  services  of 
Mr.  Johnson.  We  can  add,  that  we  have  seen  no  reason 
to  doubt,  on  any  ground,  the  correctness  of  our  determina¬ 
tion.  As  at  present  advised,  we  shalhcontinue  the  course 
we  have  adopted,  until  otherwise  directed  by  competent 
authority.  The  mode  we  have  adopted,  identifies  the  in¬ 
terests  of  the  Commonwealth  with  those  of  Mr.  Johnson ; 
and  contributes  to  raise  the  reputation  of  the  prison  stone 
work,  and  consequently  to  extend  the  sale  of  it. 

Owing  to  the  unexpected  amount  of  compensation  which 
Mr.  Johnson  at  one  time  received,  the  Board  latterly  limit¬ 
ed  his  commissions,  so  that  these  in  no  case  can  exceed 
$ 2000  per  annum.  We  say  unexpected  amount  of  com¬ 
missions,  and  add  in  proof  an  extract  from  page  100  of 
the  Report,  “  The  proceeds  of  labour  in  the  stone  department  of 
about  one  third  of  the  men  were  more  than  sufficient  to  cover  the 
expenses  for  provisions,  clothing,  bedding,  and  salary  of  the  of¬ 
ficers  for  the  whole  establishment.  It  is  honourable  to  the  Warden 
and  assistant  keepers,  that  results  formerly  so  unexpected*  have 


*  This  complimont  to  the  Warden  and  assistant  keepers,  is  with  pleasure  ex¬ 
tracted  from  the  Prison  Discipline  Report.  It  is,  however,  singular  that  the  writer 


9 


been  gained  under  their  management  in  the  pecuniary  concerns  of 
the  Institution .” 

We  ought  to  add,  that  the  commissions  of  the  overseer 
of  the  stone  shed  must  be  necessarily  fluctuating,  and  that 
they  ought  to  be  calculated  in  reference  to  a  term  of  years. 
This  year  his  commissions  will  not  exceed  $1275. 

At  page  100  of  the  Report,  we  find  the  following  state¬ 
ment  in  relation  to  overstent.  “  The  vices  of  the  prisoners 
in  which  they  have  been  detected ,  are  bribing  persons  to  bring  them 
prohibited  articles ,  by  a  most  mischievous  and  demoralizing  use  of 
their  overstent  money.  It  has  been  used  to  purchase  cards ,  spirits , 
digitalis ,  bills  to  be  altered,  and  materials  to  alter  them.  It  is 
difficult  to  conceive  in  what  way  $4000  annually  could  be  the  pro¬ 
curing  cause  of  more  moral  evil ,  than  this  amount  of  overstent , 
subject  to  the  order  of  convicts  in  a  State  Prison  .” 

Whoever  has  examined  with  a  discerning  eye  the  con¬ 
dition  of  those  who  have  become  subjects  of  infamous 
punishments,  must  have  seen  many  instances  calculated  to 
awaken  commiseration.  The  rules  of  justice  will  not  per¬ 
mit  the  Judge  to  take  into  consideration  the  various  acci¬ 
dents,  or  in  other  words,  the  course  of  destiny,  which  may 
have  brought  a  criminal  to  the  bar,  and  from  the  bar  con¬ 
signed  him  to  ignominious  bondage.  But  certain  it  is  that 
to  a  want  of  education,  to  vicious  associations,  into  which 
the  criminal  has  been  cast  by  circumstances  beyond  his 
control ;  to  feebleness  of  constitutional  character,  and 
many  other  causes  operating  in  relation  to  him,  may  often¬ 
times  be  traced  those  deviations  which  have  led  to  infamy. 

The  laws  which  establish  the  system  of  penitentiary 
punishments,  suppose  that  in  the  breasts  of  criminals  gen- 

of  that  Report,  should  have  attributed  the  successful  operations  of  the  stone  de¬ 
partment  exclusively,  to  “  their  management  in  the  pecuniary  concerns  of  the  Insti¬ 
tution.’7  If  the  credit  had  been  given  to  the  Warden  and  assistant  keeper  of  the 
Stone  department,  the  compliment  would  be  less  objectionable  on  the  score  of 
truth.  As  it  is,  however,  it  is  hoped  the  members  of  the  Government  will  in  due 
time  see  for  themselves,  unbiased  by  such  representations. 

2 


10 


erally,  there  are  seeds  of  honor  and  religion  remaining, 
which  may  be  advantageously  cultivated.  To  quicken 
those  seeds  and  promote  a  new  growth  of  virtuous  princi¬ 
ples  and  resolutions  in  the  heart  of  the  malefactor,  must 
be  one  great  object  contemplated  by  every  system  of 
penitentiary  punishment.  Those  general  rules  which  are 
best  calculated  to  reform  the  corrigible,  though  they  seem 
to  operate  with  too  much  lenity  upon  those  who  turn  out 
in  the  end  incorrigible,  are  the  most  consistent  with  the 
principles  of  Christianity.  If  while  the  incorrigible  are 
cut  off  from  society,  and  made  to  repair  in  some  degree 
by  labor,  the  damage  occasioned  by  their  crimes,  those 
who  are  subjects  of  reformation,  can  have  hope  and  ambi¬ 
tion  kept  alive  in  their  bosoms,  as  the  basis  of  a  different 
and  better  character,  the  most  consoling  results  may  be 
expected. 

Considerations  of  this  kind,  have  had  an  influence  upon 
the  minds  of  all  the  Directors  in  the  allowance  of  over¬ 
stent  to  the  convicts.  They  have  thought  the  indulgence 
had  a  tendency  to  beget  and  secure  in  the  prisoner  habits 
of  industry,  and  to  keep  alive  that  degree  of  ambition 
without  which  no  real  reformation  can  be  expected.  This 
indulgence  furnishes  a  small  fund,  which,  while  it  accumu¬ 
lates,  teaches  the  value  of  innocent  industry,  and  after  it 
is  accumulated,  furnishes  something  with  which  the  pris¬ 
oner  may  begin  the  world  anew. 

The  Commonwealth,  also,  derives  great  advantage  from 
the  allowance  under  consideration,  as  but  one  half  of  all 
that  is  earned  in  this  way  is  reserved  for  the  convict,  the 
other  going  entirely  to  the  credit  of  the  State.  The  prac¬ 
tice  under  consideration  has  been  sanctioned  for  many 
years,  by  the  opinions  of  some  of  the  most  enlightened 
Chief  Magistrates  of  this  Commonwealth,  nor  has  it  been 
a  source  of  the  abuse  alleged  in  the  Report, — the  over¬ 
stent  not  being  at  the  disposal  of  the  prisoner,  without  an 


11 


express  order  from  a  Director,  until  expiration  of  sen 
tence.* 

The  transfer  of  overstent  from  one  prisoner  to  another, 
has  been  strictly  prohibited  by  the  Board,  so  that  they 
cannot  convert  the  overstent  they  may  have  on  the  books 
into  a  circulating  medium  in  the  yard.  He  therefore, 
who  earnes  it,  has  the  entire  advantage  of  it,  and  when¬ 
ever  an  appropriation  of  it  is  permitted  by  the  Director  or 
Directors,  the  object  of  the  appropriation  is  investigated. 
In  many  instances  which  may  be  particularized,  prisoners 
by  the  little  aid  they  have  derived  from  this  source,  have 
during  their  confinement  contributed,  in  some  degree,  to 
the  support  of  their  families,  and  thus  have  sustained  those 
domestic  relations,  which  are  so  eminently  calculated  to 
produce  reformation  in  a  prisoner. 

Indeed,  from  experience  and  the  best  consideration  the 
Board  have  been  able  to  give  the  subject,  they  are  of 
opinion  that  the  allowance  of  overstent,  under  judicious 
regulations,  is  advantageous  to  the  prisoner  as  well  as  pro¬ 
fitable  to  the  Commonwealth.  It  has  a  direct  tendency 
to  increase  the  income  of  the  Institution,  and  thus  to  exon¬ 
erate  honest  men  from  the  maintenance  of  rogues. 

At  Auburn  we  understand  that  overstent  is  not  allowed, 
and  at  page  14  and  15  of  the  Report,  we  find  the  follow¬ 
ing  account  of  the  income  of  that  Institution.  “In  the 
Auburn  prison  which  is  a  specimen  of  industry  seldom  equalled, 
and  which  affords  specimens  of  work  in  different  branches  of  me¬ 
chanical  business ,  not  easily  surpassed,  where  the  men  are  required 
to  work  all  day ,  from  an  early  hour  in  the  morning  till  near  sun¬ 
set,  for  the  benefit  of  the  Institution ,  with  only  the  exception  of 
sufficient  time  to  eat  their  meeds;  the  prison  being  located  in  a 
part  of  the  country  where  provisions  arc  cheap,  433  convicts 

*  There  is  a  general  order  of  the  Board,  sanctioned  by  the  Governor  and  Council, 
that  for  the  encouragement  of  industry  and  good  conduct,  convicts  of  the  first  and 
second  classes,  are  allowed  to  invest  twenty-five  cents  per  week  of  their  overstent, 
in  such  articles  of  food  for  their  immediate  use  as  the  Directors  approve,  and  which 
is  supplied  by  the  Commissary  only. 


12 


laboured  hard  the  whole  of  the  last  year,  and  did  not  earn  enough 
to  defray  the  expenses  of  the  Institution  by  $10,195,  88.” 

We  by  no  means  say,  that  the  difference  between  the 
incomes  of  the  two  prisons  hitherto,  is  to  be  accounted  for 
on  the  score  of  overstent  allowed  here.  But  should  the 
Institution  at  Auburn,  by  way  of  experiment,  allow  to  its 
prisoners  overstent  for  a  year  or  two,  the  result  might  fur¬ 
nish  a  strong  argument  either  for  or  against  the  practice. 

From  the  manner  in  which  this  overstent  has  been 
sometimes  represented,  an  opinion  has  occasionally  been 
expressed,  that  its  tendency  was  to  induce  the  prisoners 
to  return  a  second  time  to  the  prison ;  but  the  fact  that 
out  of  1753,  prisoners,  who  have  been  within  the  walls 
since  the  cells  were  first  locked,  317  only  have  returned 
for  new  offences,  sufficiently  exposes  the  error  of  such  a 
belief. 

The  Report  at  page  85  adverting  to  the  management  of 
the  prison  in  Maine,  has  this  statement.  “  An  important 
experiment  has  been  made  in  this  prison,  of  the  effect  on  health,  of 
cutting  off  habitual  drunkards  at  once  from  the  use  of  spirituous 
liquors  in  every  form,  and  confining  them  to  cold  water .  It  has 
been  found  invariably  beneficial.  They  seem  to  renew  their 
youth ;  and  a  more  hale,  healthy,  muscular  body  of  men  cannot  be 
found  in  prison  or  out  of  prison,  than  the  cold  water  convicts  in 
the  (quarry  of  the  Maine  prison.  It  is  an  experiment  also  to  shoio 
that  hard  labor  can  be  performed  on  good  food  and  cold  water. 
As  evidence  of  this,  it  is  only  necessary  to  see  these  men  handle 
rocks.” 

In  speaking  also  of  the  prisons  in  New  Hampshire,  Ver¬ 
mont,  Sing  Sing  and  Auburn,  “  the  same  valuable  experi¬ 
ment  has  been  madef  it  is  said ;  but  in  speaking  of  this 
Institution,  the  most  profound  silence  is  observed  in  re¬ 
gard  to  this  point.  The  form  of  language  made  use  of 
in  regard  to  the  prison  in  Maine,  would  lead  the  public 
to  suppose  that  that  Institution  lmd  first  led  the  way  in 
this  improvement.  It  is  called  “  an  experiment ,”  and  this 


13 


expression  connected  with  the  context,  leads  the  reader 
to  believe,  that  the  improvement  has  been  made  in  regard 
to  prisons  for  the  first  time  in  Maine.  “A  more  hale , 
healthy ,  muscular  body  of  men  cannot  be  found  in  prison  or  out 
of  prison ,  than  the  cold  water  convicts  in  the  quarry  of  the 
Maine  prison ,”  says  the  Report.  This  eulogium,  together 
with  compliments  to  the  prisons  of  New  Hampshire,  Ver¬ 
mont,  Sing  Sing  and  Auburn,  for  pursuing  a  similar 
course,  and  the  mysterious  silence  observed  in  regard  to 
this  prison,  amounts,  whatever  may  have  been  intended,  to 
a  strong  insinuation,  if  not  to  an  affirmation,  that  the  use 
of  intoxicating  liquors  is  permitted  to  the  prisoners  here. 

Whoever  is  acquainted  with  the  laws  of  this  Common¬ 
wealth  which  regulate  this  prison,  know  that  the  use  of 
intoxicating  liquors  are  forbid  to  the  prisoners,  and  we  say 
that  these  laws  have  always  been  rigidly  enforced,  so  far 
as  this  Board  has  had  the  authority.  Indeed  the  Board 
have  been  so  rigid  upon  this  subject,  that  several  years 
ago  they  forbid  the  introduction  of  ardent  spirits  within 
the  walls  for  the  use  of  the  overseers  and  guards. 

In  relation  to  the  alleged  differences  between  the  Di¬ 
rectors  and  the  Warden  of  the  prison,  the  Report  has  this 
passage  at  page  94.  “  The  duties  of  the  officers,  particularly 

of  the  Directors  and  Warden ,  have  not  been  sufficiently  defined , 
and  consequently  there  has  been  a  controversy  between  them  for 
many  years.  This  controversy  has  led  to  mutual  recrimination f 
jealous  and  hostile  feelings,  and  many  embarrassments  concerning 
the  management  and  discipline  of  the  Institution.  It  is  not  sur¬ 
prising  that  a  house  thus  divided  against  itself,  should  have  diffi¬ 
culties  within  and  without.  The  Directors  think  the  Warden's 
office  unnecessary.  The  Warden  may  commit  a  man  to  the  cells 
for  punishment,  and  the  Director  for  the  week,  remove  him.  The 
Warden  remove  certain  indulgences  from  the  prisoner,  and  the 
Director  for  the  week,  restore  them.  The  Directors  order  monies 
paid  to  an  assistant  keeper,  which  the  Warden  thinks  unjustifia¬ 
ble,  and  the  Warden  ref  uses  to  pay  it.  It  is,  and  has  been,  a  most 


14 


uncomfortable  controversy ,  totally  inconsistent  with  the  order  of 
the  Institution ,  and  the  interests  of  the  State.” 

We  regret  that  a  statement  like  this  should  be  put  in 
circulation  by  any  individual.  It  is  but  calling  up  the 
controversies  of  former  years ;  controversies  which  oc¬ 
curred  not  between  the  present  Warden  and  the  Board, 
but  between  them  and  an  officer  who  has  slept  for  years 
in  his  grave.  In  relation  to  the  present  Warden,  this 
Board  endeavour  to  act  with  courtesy  and  independence, 
and  whatever  may  be  the  opinion  of  individuals  of  the 
Board,  in  regard  to  the  utility  of  his  office,  or  his  opinion 
in  regard  to  the  utility  of  theirs,  they  have  always  treated 
him  and  his  station  with  perfect  respect. 

It  is  not  long  since,  that  the  Warden  preferred  volumi¬ 
nous  charges  against  the  superintendant  of  the  stone  shed 
to  this  Board,  those  charges  were  received,  Mr.  Johnson 
called  on  for  his  answer,  and  the  Warden  for  his  proofs, 
and  every  attention  was  given  to  the  case,  which  the  most 
scrupulous  respect  to  the  Warden,  and  the  rights  of  Mr. 
Johnson  could  dictate.  The  whole  proceedings,  as  far  as 
was  practicable,  were  on  paper,  in  order  that  the  execu¬ 
tive  and  legislative  departments  of  the  Commonwealth, 
might  at  all  times,  recur  to  the  grounds  of  the  Wardens 
complaint,  and  our  decision. 

It  is  said  “  that  the  Warden  may  commit  a  man  to  the  cells 
for  punishment ,  and  the  Director  of  the  week  remove  him” 
This  Board  have  no  recollection  of  any  instance  which 
can  countenance  this  allegation,  but  if  there  are  instances 
to  support  it,  the  law  will  be  found  on  the  side  of  the 
Directors.  The  Directors  have  always  had  a  power  of 
this  kind  vested  in  them  by  the  Legislature,  and  whether 
rightly  or  wrongly,  the  Legislature  will  determine.  Most 
men,  however,  educated  under  our  free  institutions  would 
hesitate  at  least,  before  they  confided  the  uncontroled 
power  of  punishing  three  hundred  prisoners  to  any  one 
individual  whatever,  however  discreet  he  might  be. 


15 


As  to  the  indulgences  which  the  Warden  removed  from 
a  prisoner,  and  which  the  Director  for  the  week  restored, 
upon  enquiry  of  the  Director,  we  find  he  has  no  recollec¬ 
tion  of  such  a  circumstance. 

The  monies  ordered  by  the  Directors  to  be  paid  to  an  as¬ 
sistant  keeper,  and  which  the  Warden  thinks  unjustifiable, 
and  refuses  to  pay,  alludes  undoubtedly  to  the  commissions 
which  the  Board  directed  to  be  paid  to  Mr.  Johnson,  and 
with  which  direction,  it  is  true,  the  Warden  refused  to 
comply.  But  Mr.  Johnson  virtually  appealed  to  the  Le¬ 
gislature  from  the  Wardens  determination,  by  preferring 
his  petition  for  the  compensation  which  this  Board  had  di¬ 
rected  to  be  paid  him,  and  after  a  full  hearing  before  the 
committee,  the  Legislature  enforced  the  order  of  this  Board 
by  passing  the  following  resolve. 

“  In  the  year  of  our  Lord,  one  thousand  eight  hundred  and  twenty 
seven. 

Resolve  on  the  Petition  of  Samuel  R.  Johnson. 
Resolved,  That  the  Warden  of  the  State  Prison ,  pay  to  Samuel  R. 
Johnson ,  an  overseer  in  said  prison,  and  superintendant  of  the  stone 
department  therein,  such  sum  of  money,  as  the  Directors  of  said  prison 
shall  determine  to  be  due  said  Johnson  for  his  services,  up  to  the  first 
day  of  April  next.” 

This,  as  was  supposed,  settled  the  question  to  the  satis¬ 
faction  of  all  parties.  In  fact,  in  regard  to  other  officers 
of  the  prison,  we  have  applied  the  principle  of  compensa¬ 
tion  by  commissions,  without  hearing  of  any  objection. — 
The  turnkeys  are  allowed  a  commission  of  five  per  cent  on 
all  monies  received  by  them  on  the  admission  of  visiters, 
and  these  commissions  are  quarterly  cast  and  paid  by  the 
Warden,  on  the  general  order  of  this  Board. 

In  view  of  the  statement  which  has  caused  these  remarks, 
we  must  repeat  our  regrets,  that  difficulties  should  be  re¬ 
presented  to  exist,  which  formerly  took  place  between  this 
Board,  and  one  who  is  now  no  more,  and  that  differences 
of  opinion  should  be  called  up  anew,  which  we  thought 
had  been  settled  by  the  Legislature  itself. 


16 


That  differences  of  opinion  may  occasionally  occur  be¬ 
tween  the  branches  of  a  government,  constructed  like  that 
of  this  Institution,  is  to  be  expected  ; — the  object  of  the  Le¬ 
gislature  having  been  to  check  and  balance  the  govern¬ 
ment  of  this  prison.  The  act  of  March  10,  1827,  which 
refers  to  your  Excellency,  and  honors,  the  determination 
of  certain  questions  about  which  this  Board  and  the  War¬ 
den  may  differ  in  opinion,  will  we  trust  have  a  salutary  ten¬ 
dency.*  But  that  any  differences  of  opinion  which  may 

*  An  Act  in  addition  to  the  several  Acts  for  the  government  and  regulation  of  the 
State  Prison,  and  defining  the  powers  and  duties  of  the  officers  of  the  same. 

[Passed  March  10th,  1827.] 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General  Court 
assembled,  and  by  the  authority  of  the  same,  That  in  addition  to  the  officers  of  the 
State  Prison  who  are  now  by  law  to  be  appointed  by  the  Governor  and  Council, 
there  shall  be  appointed,  in  like  manner,  some  suitable  person,  to  be  Clerk  and 
Commissary  of  said  Prison,  who  shall  do  and  perform  all  the  duties  which  hereto¬ 
fore  have  been  done  and  performed  by  the  Clerk  and  Commissary  of  said  Prison, 
and  such  other  duties  as  shall  from  time  to  time  be  assigned  to  him  by  law,  and  the 
said  Clerk  and  Commissary  shall  hold  his  office  for  the  term  of  four  years  unless 
sooner  removed  by  the  Executive  for  the  time  being,  and  shall  be  entitled  to  receive 
as  compensation  for  all  services  by  him  rendered,  such  sum,  not  exceeding  in  any 
case,  one  thousand  dollars  per  annum,  payable  quarterly,  as  the  Directors  may  or¬ 
der  5  and  shall  not  be  entitled  to  any  other  perquisite  or  emolument  whatever  and 
so  much  of  any  law  as  authorizes  the  appointment  by  the  Directors,  of  any  officer, 
agent,  or  servant  of  said  prison,  shall  cease  to  have  effect,  and  the  same  shall  be 
and  hereby  is  repealed.  And  all  such  officers,  agents  and  servants  shall  be  appoint¬ 
ed  by  the  Warden  of  said  prison,  by  and  with  the  advice  and  consent  of  the  Di¬ 
rectors  for  the  time  being :  Provided,  however,  that  all  said  officers,  agents  and  ser¬ 
vants,  who  are  in  office,  shall  continue  therein  until  others  are  appointed  in  their 
room. 

Sec.  2.  Be  it  further  enacted,  That  any  officer,  agent,  or  servant  of  the  prison, 
now  or  hereafter  appointed,  except  such  as  are  or  may  be  appointed  and  commis¬ 
sioned  by  the  Governer  and  Council,  may  be  removed  by  the  Directors,  upon  in¬ 
formation  and  complaint  of  the  Wai'denj  and  in  case  of  a  refusal  of  the  Directors 
to  remove  any  officer,  agent  or  servant,  upon  information  or  complaint  as  aforesaid, 
the  Warden  may  appeal  to  the  Governor  and  Council,  who  are  hereby  authorized 
and  empowered  to  make  such  removal. 

Sec.  3.  Be  it  further  enacted,  That  all  orders  by  the  Directors  for  the  regula¬ 
tion  and  management  of  the  affairs,  officers,  agents  or  servants  of  the  prison,  or  of 
the  convicts  confined  therein,  shall  be  given  in  writing  to  the  Warden,  and  in  his 
absence  to  the  keeper,  who  shall  cause  the  same  to  be  executed. 

Sec.  4.  Be  it  further  enacted,  That  when  sealed  tenders  shall  be  received  to 
supply  any  of  the  articles  provided  for  by  an  Act  passed  on  the  twenty  second  day 


1  ** 

1  / 


in  future  occur,  will  beget  asperities  and  hostilities  among 
judicious  and  reflecting  officers,  by  no  means  follows ; 
nor  will  this  be  the  case  we  trust,  unless  obsolete  and 
imaginary  troubles  are  summoned  from  their  harmless 
abodes,  to  interrupt  the  harmony  which  otherwise  we 
trust  will  prevail,  between  the  departments  of  this  prison. 

A  large  portion  of  the  Report  from  page  21  to  28,  repre¬ 
sents  this  Institution  in  such  a  manner,  as  will  make  it  ap¬ 
pear  hideous  in  the  eyes  of  most  men.  The  style  adopted 
by  the  writer,  is,  to  say  the  least  of  it,  highly  colored, 
and  the  matter  of  it  interspersed  with  error.  The  anec¬ 
dote  of  H.  Wood,  so  illiberal  and  unfounded,  who  was 
generally  associated  at  night  with  ten  young  convicts, 
“  who  wore  selected  because  they  were  comparatively  inno¬ 
cent ,” — the  many  veterans  in  crime,  who  have  been  ad¬ 
mitted  teachers  in  our  penitentiaries, — the  anecdote  of 
Ross,  a  well  known  and  accomplished  artist, — the  narra¬ 
tive  of  the  moulds  for  counterfeiting, — the  desire  of  a 
young  offender  to  be  imprisoned,  rather  than  pay  a  fine  of 
$500,  because  he  wished  to  be  in  prison  a  time,  to  better 
his  skill  in  villany, — the  anecdote  of  the  key  of  Marshall 

of  February,  A.  D.  1822,  entitled  “  an  Act  for  regulating'  the  supplies  of  food  and 
other  articles  for  the  State  Prison,  and  for  letting  by  contract  the  labour  of  the  con¬ 
victs,”  the  Directors  shall  accept  the  lowest  offer  therefor,  unless  they  shall  find  that 
no  offer  is  so  low  as  the  market  price  of  the  article  wanted  ;  in  which  case  they 
shall  have  power  to  reject  the  lowest  offer;  and  the  Warden,  by  and  with  the  ad¬ 
vice  and  consent  of  the  Directors’  shall  proceed  to  make  a  contract  for  the  articles 
wanted,  in  the  best  manner  for  the  interest  of  the  Commonwealth  :  Provided,  that 
it  shall  be  the  duty  of  the  Directors  to  cause  to  be  recorded  all  the  proposals  which 
they  may  receive  for  the  supply  of  any  article. 

Sec.  5.  Be  it  further  enacted,  That  all  acts  and  parts  of  acts,  inconsistent  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  repealed. 

Sec.  6.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  the 
first  day  of  May  next. 

Sec.  7.  Be  it  further  enacted,  That  no  officer,  agent,  or  servant,  appointed  by 
the  Warden,  by  virtue  of  the  provisions  of  this  act,  shall  during  the  time  he  con¬ 
tinues  in  office,  be  employed  in  any  other  business  for  his  own  emolument  than  that 
which  is  required  of  him  in  the  discharge  of  the  duties  of  his  office. 

3 


18 


Prince’s  iron  chest,  as  well  as  the  story  of  the  false  keys 
in  possession  of  the  Warden, — the  allusion  to  the  convict 
who  was  pardoned  by  your  Excellency  and  the  Council, 
on  condition  that  he  would  leave  the  country,  and  who  is 
pronounced  “  a  precious  gift ”  to  the  new  republics  in  South 
America ; — the  eulogium  on  the  discharged  convicts, 
“  whose  testimony  has  been  of  great  service  to  the  public ,”  to¬ 
gether  with  the  mention  made  of  the  Stoneham  rob¬ 
bery,  present  a  singular  combination  of  truth,  error,  and 
embellishment,  the  effect  of  which,  is  to  produce  a 
state  of  public  feeling  and  opinion,  unfavourable  to  sedate 
and  dispassionate  inquiry. 

Statements  of  this  kind  are  calculated  to  excite  alarm, 
or  to  produce  an  opposite  impression,  according  to  the 
manner  in  which  they  are  related.  That  the  history  of  a 
prison  twenty-two  years  old,  will  necessarily  furnish 
many  examples  of  artifice  and  depravity  is  to  be  expected  : 
but  the  few  anecdotes  which  this  Institution  furnishes,  of 
the  character  narrated  in  the  Report,  in  comparison  with 
the  number  of  prisoners  of  all  descriptions  and  characters, 
which  have  been  its  inmates,  from  its  establishment,  ex¬ 
hibit  no  substantial  ground  of  alarm.  But  when  several 
of  them  are  grouped  together,  without  reference  to  the 
circumstances  of  time  and  number  of  prisoners,  the  array 
is  imposing  ,and  calculated  to  produce  effect. 

“  A  letter ”  also  we  are  informed  at  page  26,  “  has  been  pre¬ 
pared,”  “  and  sent  as  a  circular  to  men  in  authority ,  with  the  ex¬ 
pectation  of  rousing  their  indignation  and  strength ,”  and  details 
of  testimony  are  spoken  of,  as  contained  in  the  letter, 
which  are  too  horrible  to  be  exhibited  more  publicly. 
In  regard  to  this  document  we  know  nothing,  never  hav¬ 
ing  been  indulged  with  the  perusal  of  a  copy  of  it,  though 
charged  with  the  immediate  superintendency  of  the  Insti¬ 
tution  to  which  it  relates.  Epistolary  efforts  are  not  the 
only  ones,  which  have  been  resorted  to  for  the  purpose  of 
rousing  the  “ indignation  and  strength”  of  the  community  in 


19 


regard  to  this  Prison.  Meetings  we  understand  have 
been  frequently  held  in  different  parts  of  the  Common¬ 
wealth,  in  which  addresses  have  been  made,  aided  by  a 
display  of  keys,  dies,  plates,  &c.,  which  have  been  freely 
given  over,  to  such  as  have  sought  them,  by  the  Warden 
and  Commissary  of  the  prison. 

We  have  no  time  to  notice  other  things,  but  we  cannot 
conclude  without  extracting  from  page  48  the  following. 
“  In  Massachusetts  nothing  more  need  he  said  concerning  the 
prison  at  Charlestown  ; — ice  only  refer  to  the  description  which 
has  heen  given  of  the  condition  of  the  lunatics  in  the  jails  of 
this  Commonwealth ;  and  how  we  ask  can  these  things  he  ex¬ 
plained  on  any  other  supposition ,  than  that  they  have  heen 
unknown .” 

Why  the  prison  at  Charlestown  should  be  introduced 
in  this  connexion,  we  are  at  a  loss  to  divine ; — Why  it 
should  be  grouped  into  a  sentence,  with  all  the  lunatics  in 
the  Commonwealth,  and  only  separated  from  them  by  a 
simicolon ,  we  cannot  account.  Neither  the  rules  of  good 
composition,  nor  of  tasteful  diction,  require  this  combina¬ 
tion,  but  the  effect  of  the  union,  is  to  associate  at  the 
same  time  in  the  mind,  the  disagreeable  details  of  idiots 
and  maniacs,  which  are  given  in  other  parts  of  the  Report, 
with  an  idea  of  this  Institution.  We  should  have  sup¬ 
posed,  that  the  picture  already  given  of  this  Penitentiary 
in  the  Report,  was  sufficiently  dark,  without  the  aid  of 
this  ingenious  shading. 

The  truth  is,  that  there  is  no  connexion  between  this 
Institution,  and  the  unfortunate  condition  of  the  insane  in¬ 
mates  of  our  county  jails,  and  whenever  it  has  happened 
that  a  prisoner  has  been  found  here,  labouring  under  men¬ 
tal  alienation  (and  the  case  is  rare)  he  has  always  been 
treated  with  great  kindness  and  humanity,  for  it  is  incom¬ 
patible  with  the  dignity  of  justice,  to  heap  punishment 
upon  such,  as  Cod  hath  deprived  of  reason. 


20 


In  the  views  we  have  taken  of  the  Prison  Discipline 
Report,  we  wish  to  exclude  the  conclusion,  that  no  im¬ 
provement  can  be  made  in  the  order  and  management  of 
this  Institution.  The  structure  of  the  prison  is  unfavour¬ 
able  to  its  objects,  and  it  must  be  a  matter  of  regret,  that 
separate  dormitories  were  not  originally  erected,  instead  of 
the  present  wards,  which  are  calculated  to  contain  from  6 
to  15  prisoners.  But  this  defect,  which  is  productive  of 
mischief,  is  not  to  be  imputed  to  the  officers  of  the  Institu¬ 
tion.  By  recurring  to  our  Reports  for  many  years  past,  it 
will  be  found,  that  the  defective  structure  of  the  prison 
has  been  continually  animadverted  upon.  The  considera¬ 
tion  of  the  expense  which  would  attend  a  radical  altera¬ 
tion  of  it,  is  the  only  thing  which  has  made  any  of  us 
hesitate  in  opinion  in  regard  to  the  erection  of  a  new 
edifice.  The  Legislature,  however,  have  authorized  the 
Warden  to  erect  a  prison  with  separate  dormitories.  The 
erection  will  undoubtedly  be  attended  with  considerable 
expense ;  but  it  is  confidently  hoped  by  all,  that  the  dis¬ 
bursements  of  the  Commonwealth  in  this  particular,  will 
never  be  regie  ted  by  the  public. 

But  as  the  prison  is  now  constructed,  such  has  been  the 
effort  to  draw  public  attention  to  it,  that  it  is,  not  only 
the  copious  subject  of  conversation,  but  it  is  frequently 
represented  in  the  newspapers  in  a  very  unfavourable 
light.  The  respect  which  is  due  to  public  opinion  in 
this  Commonwealth,  and  the  great  importance  of  having 
that  opinion  correct,  may  suggest  the  propriety  to  your 
Excellency,  and  the  Council,  of  taking  time,  before  the 
winter  session  of  the  Legislature,  to  give  a  thorough  ex¬ 
amination  to  the  order,  discipline  and  condition  of  the 
prison. 

As  you  are,  ex  officio,  the  supervisors  of  the  establishment, 
we  respectfully  ask  you,  if  your  other  public  avocations 
will  permit,  to  proceed  to  such  an  examination,  and  to 
make  such  use  of  the  result,  as  you  may  think  the  public 


21 


interest  requires.  As  to  ourselves,  we  are  desirous  of  this 
scrutiny,  and  have  no  doubt  that  every  officer  connected 
with  the  Institution  is  equally  so. 

E.  PHINNEY,  ) 

JOHN  SOLEY,  >  Directors. 

WILLIAM  C.  JARVIS.  ) 

STATE  PRISON, 

Directors  room ,  Oct.  18,  1827. 


P.  S.-BY  THE  DIRECTORS. 


At  page  94  and  95  of  the  Second  Annual  Report  of  the 
Prison  Discipline  Society,  allusion  is  made  to  an  officer 
who  has  been  recently  detected  in  furnishing  Digitalis  or 
Foxglove ,  and  also  ardent  spirits  to  a  convict.  The  Board 
have  heretofore  refrained  from  remarking  upon  this  occur¬ 
rence  ;  first,  because  the  individual  implicated,  was  ap¬ 
pointed  by  the  Warden,  under  the  late  statute,  authoriz¬ 
ing  him  to  erect  a  new  prison; — and  secondly,  because 
the  individual  was  bound  to  answer  to  the  supreme  judi¬ 
cial  court,  for  the  offences  alleged.  On  the  13th  of  No¬ 
vember  instant,  he  plead  guilty  to  the  charges  preferred 
against  him,  and  received  the  sentence  of  the  court. 
The  case  thus  situated,  it  may  not  be  amiss  to  remark, 
what  does  not  appear  in  the  Report  of  the  Prison  Disci¬ 
pline  Society,  viz.  that  the  individual  who  received  sen¬ 
tence,  was  detected  by  this  Board,  by  a  resort  to  the  same 
means,  used  in  the  detection  of  Osgood,  vide  ante  page  4. 

A  prosecution  was  immediately  instituted  against  the 
delinquent,  by  the  Warden  of  the  prison,  who  at  a  special 
meeting  of  the  Board,  received  advice  and  information  to 
that  end.  It  is  due  to  the  Warden,  however,  who  em¬ 
ployed  the  individual  in  question,  to  state,  that  until  the 
occurrence  mentioned,  he  had  sustained  a  highly  respec¬ 
table  standing  among  his  fellow  citizens,  and  there  is 
reason  to  believe,  that  he  sincerely  regrets  his  deviation 
from  duty,  while  in  the  employ  of  the  Warden. 


PHYSICIAN’S  ANNUAL  REPORT. 


OCTOBER  18th,  1827. 

To  the  Honourable  Board  of  Visiters ,  of  Massachusetts  State  Prison. 

For  the  last  six  years,  ending  September  30,  1826, 
the  Annual  Reports  of  the  hospital  of  Massachusetts  State 
Prison,  have  been  intended  to  show  the  state  of  sickness 
and  death  of  the  convicts,  the  expense  of  medicines  in 
each  successive  year,  and  the  simplicity  of  hospital  prac¬ 
tice,  especially  the  practice  of  this  penitentiary.  The 
records  of  the  commissary  departments  will  show,  that 
for  the  term  of  six  years,  ending  September  30,  1826,  the 
average  amount  of  medicines  is  less  by  $400  per  annum, 
than  for  six  years  immediately  preceding,  and  the  hospi¬ 
tal  records  will  show,  that  during  the  same  period,  that  of 
an  equal  number  admitted  and  treated,  there  has  been 
fewer  deaths,  and  less  number  of  days  lost.  These  facts 
will  illustrate  the  economy  and  humanity,  of  the  simple 
course  of  treatment,  pursued  in  the  hospital  of  Massachu¬ 
setts  State  Prison. 

The  use  of  beer,  also,  instead  of  bad  water,  during  the 
warm  season,  has  contributed  so  essentially  to  the  health 
and  good  order  of  the  prisoners,  that  it  ought  not  to  be 
overlooked.  The  last  year,  ending  September  30,  1S27, 
the  bill  of  medicines  is  less  than  $90.  The  number  of 
patients  admitted  has  been  534.  The  last  year,  ending 
September  30,  1826,  the  number  of  patients  admitted  was 
827,  the  difference  293.  The  number  of  days  labour  lost 
this  year,  has  been  3566,  last  year  3247,  difference  319. 
This  difference  in  the  number  of  days  lost,  is  accounted 


for  by  the  fact,  that  ten  patients  have  been  more  than  one 
hundred  days  each,  in  the  hospital,  one  death  has  hap¬ 
pened  during  the  year,  no  epidemic  has  occurred,  and 
there  is  no  prevailing  disease  in  the  prison  at  this  time, 
there  are  twelve  in  the  hospital. 

Respectfully  submitting  these  facts  and  observations, 
the  physician  of  the  Massachusetts  State  Prison,  begs 
leave  to  call  the  attention  of  the  honourable  Board  of  visi¬ 
ters,  to  a  paragraph  in  the  Second  Annual  Report  of  the 
Prison  Discipline  Society,  relating  to  the  hospital  depart¬ 
ment  of  the  Massachusetts  State  Prison.  In  this  Report, 
a  fact  is  stated,  viz.  that  an  unfaithful  contractor,  fur¬ 
nished  a  convict  with  Foxglove,  and  this  fact  is  assumed, 
as  sufficient  to  explain  the  reason,  why  so  large  a  number 
of  men,  are  usually  found  in  the  hospital,  without  involv¬ 
ing  the  character  of  the  Physician.  The  cause  assigned, 
is  altogether  irrelevant  to  the  effect  presumed,  so  insulated 
in  its  nature,  and  so  limited  in  its  effects,  that  it  did  not 
reach  the  hospital.  It  doubtless  sent  several  convicts  to 
the  cells,  but  not  one  to  the  hospital.  The  real  causes 
which  fill  our  hospital,  are  primarily  to  be  found  in  the 
diseases,  which  criminals  bring  with  them  to  the  prison. 
The  miserable  man  who  abuses  society  by  his  crimes,  is 
almost  certain  to  abuse  himself  by  his  vices,  and  while 
the  laws  of  the  land  take  cognizance  of  the  first,  the  laws 
of  his  physical  being,  hold  him  amenable  for  the  last. — 
Punishment  follows  close  upon  crime,  and  retribution  both 
from  God  and  man,  in  the  horrid  forms  of  loathsome  dis¬ 
ease  and  degrading  bondage,  overtakes  the  wretched  of¬ 
fender,  and  illustrates  the  solemn  truth,  that  “  the  way  of 
the  transgressor  is  hard.” 

It  is  a  fact  proper  to  be  stated  in  this  place,  that  a 
great  proportion  of  the  convicts,  when  they  come  to  this 
prison,  are  afflicted  with  the  venereal  disease,  and  this  dis¬ 
ease  aggravated  by  bad  habits  of  body,  and  irregular 
treatment.  Such  convicts  not  only  require  immediate 


24 

4 

hospital  treatment,  and  many  of  them  for  a  long  time,  but 
some  of  them  subsequently  become  liable  to  the  horrible 
consequences  of  this  terrible  malady.  There  are  at  this 
moment  more  than  one  hundred  men  in  this  prison,  whose 
constitutions,  injured  by  the  venereal  disease,  or  the  abuse 
of  mercury,  or  both,  are  occasionally  racked  with  torment¬ 
ing  pains  of  the  limbs  and  joints,  or  obstructions,  and 
other  evils,  of  the  urinary  and  genital  organs,  whose  only 
refuge  at  such  times,  is  in  the  hospital.  There  is  yet 
another  class,  who  are  permanent  hospital  subjects,  men 
who  can  steal,  but  cannot  work,  who  have  been  sentenced 
to  hard  labour,  but  who  cannot  perform  it,  being  in  con¬ 
sumptions  when  they  come,  who  go  immediately  into  the 
hospital,  and  never  leave  it,  until  they  are  pardoned  out, 
or  die  ;  and  to  these  may  be  added,  a  large  class  of  rheu¬ 
matics,  frequently  and  necessarily,  in  the  hospital. 

If  to  these  various,  actual,  and  prolific  sources  of  dis¬ 
ease,  we  add  the  occasional  occurrence  of  epidemics,  and 
the  common  disorders  and  accidents,  incident  to  a  body 
of  three  hundred  men,  and  of  such  men  too,  closely  con¬ 
nected  in  a  great  workshop,  we  have  a  plain  matter  of 
fact  explanation,  of  the  number  of  men  in  the  hospital. 
The  managers  of  the  Prison  Discipline  Society,  have  mis¬ 
taken  this  matter  entirely,  their  speculation  may  amuse 
systematics  and  theorists,  but  facts  alone,  should  be  the 
accredited  teachers  of  sober  men.  Whatever  evils  may 
exist  within  the  prison,  the  foregoing  facts  show,  that 
there  are  great  evils  in  society  without,  that  have  a  seri¬ 
ous  bearing  on  the  evils  within,  and  may  be  regarded  as 
the  sources,  whence  the  prison,  and  especially  the  hospi¬ 
tal,  receives  its  inmates.  The  recent  instance  of  young 
Veazie,  is  a  striking  illustration;  this  young  man  about 
four  years  ago,  came  to  this  prison,  direct  (as  it  were) 
from  the  nurseries  of  disease  and  crime,  from  the  brothels, 
the  gaming  house,  and  the  tippling  shops  of  the  City. — 
He  was  a  poor  shattered  youth,  about  nineteen  years  of 


25 


age,  and  came  directly  into  the  hospital,  diseased  and 
weak,  imploring  pity  and  help.  By  proper  attention  to 
his  disorders,  suitable  diet,  and  above  all,  by  friendly  ad¬ 
vice  and  encouragement,  he  took  heart,  and  by  working 
moderately  at  first,  in  the  course  of  nine  or  ten  months,  he 
became  strong  and  healthy, — he  went  into  the  stone  shed, 
and  worked  well,  and  behaved  well,  and  at  his  departure 
from  the  prison  last  July,  he  was  a  sound,  hale  man,  and 
so  far  as  we  could  judge,  by  his  previous  conduct,  and 
professions  at  the  time,  his  reflections  on  the  past,  were 
judicious,  and  his  resolutions  for  the  future,  were  good. — 
But  as  soon  as  he  was  at  liberty,  his  good  resolutions,  like 
the  green  withes  of  Sampson,  were  broken  asunder,  by 
the  strong  force  of  animal  passions,  and  evil  companions, 
and  he  was  borne  headlong  into  the  gulf  of  perdition,  out 
of  which,  the  protecting  arm  of  the  law  has  again  snatched 
him,  and  brought  him  with  the  seal  of  disease  and  shame 
upon  him,  within  the  wholesome  discipline  of  the  peniten¬ 
tiary,  here  to  receive  the  severe,  but  needful  physic,  for 
the  body  and  the  soul.  When  Veazie  left  the  prison,  he 
was  no  doubt  sincere  in  his  good  resolutions,  and  all  that 
was  required  to  enable  him  to  keep  them,  was  (under  the 
blessing  of  heaven)  honest  associates,  and  useful  employ¬ 
ment.  To  find  useful  employment  with  honest  persons, 
for  those  who  leave  the  State  Prison,  is  of  vast  importance 
to  the  moral  safety  of  such  men,  and  to  their  restoration 
to  the  confidence  of  society.  This  then  is  a  great  object, 
worthy  of  the  deep  solicitude  of  the  statesman,  and  the 
ardent  prayers,  and  benevolent  efforts  of  the  Christian. 

The  managers  of  the  Prison  Discipline  Society,  in  their 
further  remarks,  state  it  as  an  impropriety  to  place  a. 
convict  as  a  nurse  in  the  hospital.  The  correctness  of 
this  opinion,  must  also  be  tried  by  facts.  We  must  judge 
of  the  propriety  of  any  measure,  by  a  careful  regard  to  the 
circumstances  which  relate  to,  and  control  it.  Now  it  is 

a  rule  in  the  State  Prison,  to  put  every  convict,  where  he 
4 


26 


will  be  most  useful,  so  far  as  it  is  consistent  with  the  de¬ 
sign  of  his  confinement.  The  present  nurse,  and  ‘two  of 
his  predecessors,  have  been  regular  bred  Physicians,  and 
others  who  have  been  in  the  place  (when  there  have  been 
no  Doctors  in  the  prison)  have  been  generally,  men  of 
education.  Surely  so  far  from  an  impropriety,  there  is  a 
manifest  propriety,  in  selecting  such  men  for  nurses. — 
They  are  the  best  that  can  be  obtained  for  the  sick 
convicts.  Female  nurses,  and  indeed  any  other  compe¬ 
tent  and  responsible  persons,  are  out  of  the  question.  It 
is  acknowledged  that  the  hospital  is  a  station  of  responsi¬ 
bility,  and  being  a  place  of  comparative  ease  and  authori¬ 
ty,  it  is  a  desirable  birth,  and  this  consideration  operates 
as  a  strong  bond,  for  the  good  behaviour  of  the  prisoner 
who  fills  it.  The  result  has  proved  it  so  ;  thus  far,  the  se¬ 
veral  Physicians,  and  some  other  well  informed  men,  who 
have  acted  as  nurses,  have  never  forfeited  their  station  by 
violating  their  duty.  The  Physician  of  the  Massachusetts 
State  Prison,  not  being  a  member  of  the  government,  does 
not  feel  strictly  chargeable  with  the  safe  keeping  of  the  hos¬ 
pital,  but  is  deeply  sensible  of  the  importance  of  his  de¬ 
partment,  and  endeavors  to  watch  it  with  great  care.  The 
law  requires  him  to  visit  the  prison  but  twice  a  week,  but 
he  usually  devotes  an  hour  every  morning  to  his  duties, 
personally  examining  the  different  wards,  and  likewise  the 
convicts,  who  report  themselves  to  be  sick,  and  it  is  very 
rare  that  any  one  is  admitted  to  the  hospital,  except  by 
the  Physician  himself. 

The  government  of  the  prison  not  only  keep  -a  watchful 
eye  over  the  hospital  but  the  convicts  themselves,  also, 
jealous  of  their  privileges,  are  so  quick  to  perceive,  and 
prompt  to  report  the  least  partiality  or  impropriety,  that 
the  few  unfaithful  nurses  who  have  been  displaced,  have 
been  detected  and  reported  by  the  prisoners. 

The  idea  of  a  sinister,  and  prodigal  use  of  medicines,  is 
sufficiently  refuted,  by  a  due  consideration  of  the  numer- 


27 


ous  eases,  which  necessarily  require  its  use,  and  the  strong 
fact  that  the  whole  cost  of  it  for  the  last  year,  is  less 
than  $90. 

Upon  the  whole,  it  appears  that  the  hospital  of  the 
prison,  fulfils  the  intentions  of  the  government,  and  is  not 

essentially  abused.  But  improvement  is  the  distinguish¬ 
ing  feature  of  the  present  day,  and  the  Physician  of  the 
Massachusetts  State  Prison  loth  to  fall  behind  the  spirit 
of  the  age,  in  which  he  lives,  would  respectfully  suggest 
some  improvements  in  his  department.  First,  as  a  simple 
guard,  an  officer  might  daily  be  stationed  in  the  hospital, 
or  secondly,  a  medical  student  might  be  permitted  to  re¬ 
side  in  the  hospital,  and  have  the  charge  of  it,  this  secu¬ 
rity  would  be  worth  a  small  compensation  from  the  govern¬ 
ment,  and  this  compensation  with  the  advantages  of  the 
practice,  might  induce  an  indigent  medical  student  to 
accept  the  place,  or  thirdly,  if  the  government  should 
think  proper  to  establish  a  regular  system  of  religious, 
moral,  and  intellectual  instruction,  in  that  event  a  teacher 
might  reside  in  the  hospital,  and  have  the  superintendency 
of  it.  One  of  the  wards  might  be  appropriated  for  religious 
meetings,  and  as  a  school-room. — The  convicts  recovering 
from  sickness,  but  not  able  to  work,  instead  of  lying  idle, 
might  be  assembled  in  the  school-room,  and  carefully 
watched  and  admonished. 

These  circumstances  would  prove  favourable  to  religi¬ 
ous  and  moral  instruction,  and  instruction  under  such  cir¬ 
cumstances  would  not  encroach  upon  labour.  The  third 
proposition  embraces  all  that  is  essential  in  the  other 
two,  with  additional  advantages. — The  superintendant 
would  retain  a  capable  convict  nurse  in  the  hospital, 
when  his  services  would  be  required,  and  would  take  from 

him  that  authority  which  is  now  dreaded.  This  plan 
would  most  effectually  destroy  all  hope  of  intrigue  in  the 

hospital,  and  consequently  cut  off  one  great  source  of  at¬ 
tempts  to  get  into  it.  It  would  combine  humanity  with 


28 


security,  providing  every  thing  necessary  for  the  disorders 
of  the  sick  convicts  with  a  vigilant  watch  over  them,  to¬ 
gether  with  such  means  of  instruction  and  admonition 
when  they  are  recovering,  as  might  send  them  back  to 
their  labours,  improved  in  moral  as  well  as  physical  health. 

Respectfully  submitted  by, 

ABRAHAM  R.  THOMPSON, 


.Physician  of  Massachusetts  State  Prison . 


